Costs to obtain protection

To obtain protection

Different kinds of costs have to be taken into account when IP rights are related to a product:

Money spent to acquire the rights (see following paragraph “To acquire the rights”), validate and maintain them in a country. Fees are perceived by consultants and national offices to give a monopole to the applicant.

The defense of the rights may include an extra cost because of procedure and representative required at the Court in case of legal pursuits.

To acquire rights

The cost of preparation. Drafting a request is more or less complex according to the type of invention and the drawings required. An attorney is often required to draft patents and will be required to interface with the office. Its fees depend on the complexity of the case. For more information on the different kinds of IP rights see section "Which kind of IP right?".

The cost of examination. It will depend on the chosen system (regional, national or PCT) and of the number of countries where you want to be protected. The renewal fee corresponds to the column “Basic costs” in the results of the Cost Calculator.

The cost of maintenance of the right. The monopoly is granted for a maximum of 20 years for patents or 25 years in general for design and indefinitely avery 10 years for trade marks. Renewal fees increase over time for patents and designs. In order to maintain the rights it is mandatory to pay the renewal fees on time. The renewal fees correspond to the column called “Renewal” in the results of the Cost Calculator.

Costs to keep in force protection

To keep in force protection

1. Renewal fees
The renewal fees must be paid on time in all countries where the IP right is effective. The frequency in the due date depends on the country and the kind of IP right. Any failure in the payment results in the loss of the IP right.
The renewal fees correspond to the column called “Renewal” in the results of the Cost Calculator.

2. The cost of defense
It includes:

attorney’s fees

legal fees: For a national IP right, national courts are competent. Community courts are qualified for a community trademark or registered design. The Unified Patent Court will be in charge of European patents litigations. The cost of the fees depends on the chosen system.